This chapter is enacted to establish the mechanism for the imposition of impact fees upon development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities which are necessary to accommodate such development. This chapter is intended to assure that development bears an appropriate share of the cost of capital expenditures necessary to provide such public facilities within the City of Lodi and its service areas as are required to serve the needs arising out of development, as well as to comply with § 66.0617, Wis. Stats. As provided in § 66.0617(2)(b), Wis. Stats., the City of Lodi, by adopting this chapter, is not intending to limit its authority to finance public facilities by any other means authorized by law, including, without limitation because of enumeration herein, the means authorized by § 236.13(2) and (2m), Wis. Stats., and Chapter 300, Subdivision of Land, of this Code, and any other statutes or ordinances.

"Residential equivalent unit (REU)" means a unit of measure
for impact fees equivalent to one residential dwelling unit. For purposes
of calculating the public water impact fee, one REU is considered equal to
the basic residential meter size of 5/8 inch or 3/4 inch.

The following City documents contain the needs assessments for the impact fees identified under § 198-3 above, demonstrate City compliance with the requirements of § 66.0617(3), Wis. Stats., and shall be kept on file and available for public inspection in the office of the City Clerk:

Revenues collected by the City as impact fees shall be placed by the
City Treasurer in segregated interest-bearing accounts and shall be accounted
for separately from other funds of the City. Impact fee revenues and interest
earned on impact fee revenues may be expended by the City only for the capital
costs for which the impact fees were imposed. Separate accounts shall be kept
of fees collected from different impact fee zones, where the particular impact
fee ordinance provides for differential fees according to zones, and revenues
collected in particular zones shall be spent in those zones as appropriate.

Fees held by the City under § 198-5 above and not used within the time period specified herein shall be refunded to the persons who are the owners of record, at the expiration of such time period, of the property with respect to which the impact fees were imposed.

All required impact fees, unless expressly excepted in a section of this chapter, shall be paid before a building permit may be issued for the construction for which the impact fee is to be imposed. With respect to any development affected by any impact fee imposed under this chapter which is under construction at the time the ordinance imposing such impact fee becomes effective or which has received a building permit at such time, all required impact fees shall be paid before a certificate of occupancy under Chapter 127, Building Construction, § 127-16 may be issued for such development. Impact fee payments shall be assumed to be the responsibility of the owner of record at the time the building permit is requested.

With respect to any development in the area affected
by the public water impact fee where construction has commenced at the time
this chapter becomes effective but which has not yet been connected to the
public water system, the impact fee is imposed and payment thereof shall be
required before any building included in such development will be allowed
to connect to the public water system.

With respect to any development in the area affected by the public
water impact fee, as to which development the developer has agreed to imposition
of impact fees, the impact fee is imposed and payment thereof shall be required
as follows: If, at the time this chapter becomes effective, no building permit
has been issued, payment of the fee shall be required before a building permit
may be issued. If, at the time this chapter becomes effective, a building
permit has been issued, payment of the impact fee shall be required before
any building included in such development will be allowed to connect to the
public water system. If, at the time this chapter becomes effective, a building
permit has been issued and the development has been connected to the public
water system, payment of the impact fee shall become due when the property
owner is billed for the impact fee. In the last described situation, if payment
of the fee is not made within 30 days following billing by the City, public
water service may be disconnected by the City and such service discontinued
until payment of the impact fee has been made.

Development will be considered to be "connected" to the
public water system for purposes of this section at such point in time as
a permanent connection has been made to said system and the City has allowed
the development to begin receiving water from the system.

The Common Council, by resolution, may authorize the payment of impact
fees, otherwise payable in full, in installment payments. If installment payments
are authorized, interest shall be paid on the installment payments at the
same rate then charged by the City on installments of special assessments.

It shall be a condition to the commencement of such an
appeal that the impact fee from which the developer appeals shall be paid
as and when the fee or any permitted installment thereof becomes due and payable,
and upon default in making any such payment, such appeal may be dismissed.

Following the filing of the notice of appeal, the City
Clerk shall compile a record of the ordinance imposing the impact fee that
is the subject of the appeal and a record of the management and expenditure
of the proceeds of the impact fee and shall transmit these documents to the
Common Council. In consultation with the City departments, the City Clerk
shall also compile a report on each appeal in which the appellant is seeking
a reduction or total refund in the impact fee paid. This report shall specify
the fiscal impact on the City of Lodi if the appeal overturns the impact fee.
If the fiscal impact report indicates that the appeal, if successful, will
cause a revenue shortfall that otherwise was not budgeted with respect to
the public facility, and if this revenue shortfall cannot be reconciled by
reduction in impacts caused by development on the appellant's property, the
report shall estimate whether it will be necessary for the City to adjust
impact fees, or amend existing ordinances, to recover the proposed revenue
shortfall.

The Common Council shall hold a public hearing on the
appeal, preceded by a Class 1 notice, providing fair opportunity for the appellant
to be heard. The burden shall be on the appellant to establish illegality
or impropriety of the fee from which the appeal has been taken. Following
the close of the public hearing, the Common Council shall deliberate upon
the matter and shall conduct such studies and inquiries as it deems appropriate
to decide the appeal.

If the Common Council determines that the appeal has
merit, it shall determine appropriate remedies. These may include reallocation
of the proceeds of the challenged impact fee to accomplish the purposes for
which the fee was collected, refunding the impact fee in full or in part,
along with interest collected by the City thereon, or granting the appellant
the opportunity to make the impact fee payment in installments, or such other
remedies as it deems appropriate in a particular case.

A public water impact fee is hereby imposed on development
in the impact fee area as described in Exhibit 7 of the Engineering Report
and Public Needs Assessment for Water Supply and Distribution System dated
June 5, 1998, a copy of which exhibit is attached to this chapter and made
a part hereof.[1] The public water impact fee shall be effective with respect to
development in such portion of said impact fee area as is currently located
in the City of Lodi upon this chapter becoming effective. The public water
impact fee shall be effective with respect to development in any portion of
said impact fee area not currently located in the City of Lodi upon any such
portion becoming annexed to the City of Lodi.

The public water impact fee is hereby imposed for development being constructed at the time this chapter becomes effective or constructed after such time, as well as for modification or addition to existing development where a larger water meter is installed. The public water impact fee is also imposed for installation of a larger water meter where a smaller water meter was originally installed and an impact fee was paid based on such smaller size and the property owner later requires a larger water meter, even if no modification or addition to the development was made subsequent to the installation of the smaller meter. The public water impact fees when a larger meter is installed are sometimes referred to in this chapter as a "larger meter fee" and shall be imposed according to the size of the new larger meter, subject to reduction for the credit described in Subsection G(2) below.

The public water impact fee shall be $1,528 for each
REU, adjusted for the capitol recovery credits as set forth in the report.
For 1998, the total credits are $226 per REU. For 1999, the total credits
are $186 per REU. For the year 2000, the total credits are $152 per REU. The
credits shall continue to be adjusted each year thereafter according to Attachments
A, B and C in the report, with the credit for each particular component of
the public water impact fee being phased out as shown in said attachments.
Said Attachments A, B and C are attached to this chapter and made a part hereof.[2]

The impact fee for a particular development shall be equal to the impact fee per REU as set forth in Subsection D above, multiplied times the number of REU's, as determined by applying the above table of meter equivalents to the size of the meter installed to service the development. The fee thus determined shall be reduced by any applicable credit referred to in Subsection D above.